Recent news surrounding the Ebola virus in the United States has raised concerns about what employers should do when faced with the threat of a highly infectious and/or contagious disease. By implementing practices that balance employee and workplace safety with ensuring compliance with federal, state, and local laws and regulations, employers will be in a better position to protect workers – and themselves – in the face of an outbreak.

Employers in California should prepare for such events by taking five important steps: 

1. Understand the Facts about the Disease. The multitude of communication methods and near infinite sources of information that exist today can lead to misinformation and fear of diseases, especially unfamiliar ones. Employers should learn the facts of any disease at the center of any outbreak, epidemic or pandemic and consider educating its employees, particularly where fears among employees are interfering with the workplace and productivity. Learning about the nature of the disease and how it can be transmitted to others will be important to determine whether the employer should take any safety measures for its employees. Moreover, understanding the disease and educating managers and employees about it can help calm irrational fears at the workplace. 

2. Clearly Communicate with Employees. Employers should clearly communicate to employees the steps they are taking to protect workers from the risk of infectious disease. Promoting confidence in the health and safety of the workplace can help reduce absenteeism. But what if employees still refuse to report to work for fear of contracting a disease? OSHA regulations protect workers from retaliation if they refuse to work when they reasonably believe that their health or safety may be in danger. 

3. Protect Employees Working in High-Risk Industries. In industries or occupations where the risk of exposure to such diseases is higher than others, employers should ensure that workers are properly trained about potential exposure to infectious disease and have the appropriate equipment and procedures in place to prevent and minimize that exposure. For example, federal and state occupational safety and health regulations require employers to implement exposure control plans and to provide personal protective equipment as well as training on such equipment to protect workers who are exposed to bloodborne pathogens and other health risks. Employers also should follow recommendations from the CDC to prevent any infectious disease from spreading. 

4. Consider any Applicable Leave Laws or Regulations. Complex leave laws, particularly in California, can create a multitude of obligations during a disease outbreak, epidemic or pandemic. It is important to understand which leave laws may be applicable and, if so, how to comply with them. 

5. Be Wary Of Taking Adverse Employment Actions. The ADA prohibits employers from discriminating against qualified individuals with disabilities. This includes employees who may have contracted or been exposed to an infectious disease. Title VII of the Civil Rights Act of 1964 also prohibits employers from discriminating on the basis of, among other things, race or national origin. California has its own disability discrimination laws that are more protective of employees than the ADA or Title VII. Thus, California employers should familiarize themselves with California's Fair Employment and Housing Act, which provides even greater levels of protection from discrimination than federal laws. Adverse employment actions made on the basis of disability or race could put employers at risk of employment discrimination claims. Employers also should evaluate what may be considered reasonable under the individual circumstances and should contact legal counsel because the appropriate course of action will depend on the details of each situation.